| Probable cause affidavit: |
SUBMITTED BY: HOWARD, RUSS 0297 (AR12-3136) DID DRIVE OR WAS IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, MODEL GLUE OR ANY SUBSTANCE CONTROLLED UNDER CHAPTER 893 OR CHAPTER 877.111 TO THE EXTENT HER NORMAL FACULTIES WERE IMPAIRED, IN VIOLATION OF FLORIDA STATE STATUTE 316.193(1). ON 101312 DEPUTY LAHERA, WAS TRAVELLING SOUTHBOUND ON STATE ROAD 200 JUST SOUTH OF C39 WHEN HE OBSERVED A DODGE VAN WHITE IN COLOR TRAVELLING NORTH APPROXIMATELY 400 YARDS SOUTH OF STOKES FERRY ROAD. HE ESTIMATED THE VEHICLE SPEED TO BE 73 MPH. HE ACTIVATED HIS RADAR UNIT AND IT CONFIRMED THE VEHICLE SPEED TO BE 73 MPH IN A 55 MPH ZONE. HE THEN TURNED AROUND ON SAID VEHICLE BEARING INDIANA LICENSE PLATE NUMBER 559TNP AND ATTEMPTED TO PULL THE VAN OVER. THE VAN CONTINUED GOING NORTH BOUND ON STATE ROAD 200 AND EVENTUALLY PULLED IN TO THE STUMP KNOCKERS ON STATE ROAD 200 JUST NORTH OF THE CITRUS COUNTY LINE. UPON MAKING CONTACT with THE DRIVER IDENTIFIED BY HER FLORIDA DRIVER'S LICENSE AS DEFENDANT, MS TAMARA BREE, HE NOTICED THAT SHE APPEARED TO BE UNDER THE INFLUENCE OF EITHER ALCOHOL AND/OR CONTROLLED SUBSTANCE, BASED ON HER LACK OF BALANCE, GLASSY BLOOD SHOT EYES AND VERY SLOW REACTION TIME. DEPUTY LAHERA, THEN CONTACTED THIS DEPUTY. I THEN RESPONDED TO HIS LOCATION AND MADE CONTACT WITH THE DRIVER/DEFENDANT, MS TAMARA JO BREE. UPON ARRIVAL I NOTICED HER INABILITY TO BALANCE ON HER FEET, VERY THICK TONGUED speech, GLASSY GLAZED BLOODSHOT EYES, AND VERY SLOW REACTION TIME. I COULD ALSO SMELL THE ODOR OF ALCOHOLIC BEVERAGE EMANATING FROM HER BREATH. BASED on the LOCATION OF THE PARKING LOT, AS WELL AS THE AMOUNT OF TRAFFIC COMING IN AND OUT OF THAT LOCATION I DETERMINED IT WAS NOT SAFE TO ATTEMPT ROAD SIDE SOBRIETY TASKS AT THAT LOCATION. I THEN ASKED THE DEFENDANT IF SHE WOULD NOT MIND ACCOMPANYING ME TO THE PARKING LOT OF THE SUNOCO GAS STATION JUST SOUTH OF THAT LOCATION, TO WHICH SHE STATED that SHE WOULD BE HAPPY TO ASSIST. I THEN TRANSPORTED HER TO THE PARKING LOT OF THE SUNOCO GAS STATION, I HAD HER EXIT MY PATROL VEHICLE. AT THAT TIME, I ASKED THE DEFENDANT IF SHE HAD ANY MENTAL OR PHYSICAL DISABILITIES THAT WOULD NOT ALLOW HER TO PERFORM ANY OF THE SOBRIETY TASKS, TO WHICH SHE STATED THAT THAT SHE IS AWARE OF. TASK ONE, HORIZONTAL GAZE NYSTAGMUS. PRIOR TO PERFORMING THIS TASK, IT WAS DETERMINED THAT THE DEFENDANT HAD NO PROBLEMS WITH HER EYES. DURING THIS TASK, THERE WAS EQUAL TRACKING AND EQUAL PUPIL SIZE IN BOTH THE LEFT AND RIGHT EYES. THERE WAS LACK OF SMOOTH PURSUIT IN BOTH THE LEFT AND RIGHT EYES. THERE WAS DISTINCT SUSTAINED HORIZONTAL GAZE NYSTAGMUS AT MAXIMUM DEVIATION IN BOTH THE LEFT AND RIGHT EYES. ALSO, THERE WAS ONSET OF HORIZONTAL GAZE NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES IN THE LEFT AND RIGHT EYE. TASK TWO, WALK AND TURN. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, DURING THIS TASK, THE DEFENDANT STOPS WALKING TO STEADY SELF, DOES NOT TOUCH HEEL TO TOE, STEPS OFF LINE, TOOK INCORRECT NUMBER OF STEPS, DID NOT COUNT ALOUD, AND LOOSES BALANCE FREQUENTLY. THE DEFENDANT WAS UNABLE TO COMPLETE TASK. TASK THREE, ONE LEG STAND. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, DURING THIS TASK, THE DEFENDANT SWAYS WHILE BALANCING AND PUT FOOT DOWN. THE DEFENDANT WAS UNABLE TO COMPLETE TASK. TASK FOUR, FINGER TO NOSE. THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT, DURING THIS TASK, THE DEFENDANT DOES NOT KEEP EYES CLOSED, STARTS TO USE THE WRONG HAND, FAILS TO RETURN HANDS TO SIDE, AND SWAYS BACK AND FORTH. TASK FIVE, RHOMBERG (ALPHABET RECITATION), THIS TASK WAS EXPLAINED AND DEMONSTRATED TO THE DEFENDANT. THE DEFENDANT WAS ASKED, WHAT WAS THE LAST GRADE THAT SHE COMPLETED IN SCHOOL, THE DEFENDANT ADVISED SHE GRADUATED FROM HIGH SCHOOL AND THAT SHE KNEW THE ALPHABET . DURING THIS TASK, THE DEFENDANT WAS INSTRUCTED TO SPEAK THE ALPHABET BETWEEN A TO Z IN A MONOTONE TONE AND NOT TO SING THE ALPHABET. DURING THIS TASK THE DEFENDANT SWAYS FORWARDS AND BACKWARDS AND INCORRECTLY RESIDES THE ALPHABET. IT SHOULD BE NOTED THAT THE TASKS WERE ADMINISTERED ON A REASONABLY FLAT/LEVEL SURFACE. ALL VISIBLE OBSTRUCTIONS WERE REMOVED PRIOR TO THE PERFORMANCE OF THE TASKS. AT THAT TIME, THE DEFENDANT WAS PLACED UNDER ARREST FOR DRIVING UNDER THE INFLUENCE. THE DEFENDANT WAS READ HER MIRANDA WARNINGS VIA CARD. THE DEFENDANT ADVISED THAT SHE UNDERSTOOD HER RIGHTS AND AGREED TO CONTINUE SPEAKING WITH ME. THE DEFENDANT WAS ALSO READ HER IMPLIED CONSENT REQUESTING HER TO SUBMIT TO THE APPROVED TEST OF HER BREATH AND URINE FOR THE PURPOSE OF DETERMINING THE ALCOHOL CONTENT OF HER BLOOD AS WELL AS THE PRESENCE OF CONTROLLED SUBSTANCE. THE DEFENDANT STATED THAT SHE WOULD NOT SUBMIT TO THE APPROVED TEST OF HER BREATH, BUT WOULD PROVIDE A URINE SAMPLE. PRIOR TO LEAVING THE SCENE, THE DEFENDANT'S VEHICLE WAS TURNED OVER TO HER HUSBAND. THE DEFENDANT WAS THEN TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY WHERE HE WAS READ HIS IMPLIED CONSENT. WHILE IN BOOKING, THE DEFENDANT WAS SEARCHED BY CORRECTIONS OFFICER DADDARIO IDENTIFICATION NUMBER 5908288, WHERE SHE LOCATED IN THE DEFENDANTâS BRA A MARIJUANA PIPE WITH RESIDUE, WHICH WAS THEN TURNED OVER TO THIS DEPUTY. THE DEFENDANT WAS THEN CHARGED WITH POSSESSION OF DRUG PARAPHERNALIA. THE DEFENDANT REFUSED TO SUBMIT TO THE APPROVED TEST OF HER BREATH. THE DEFENDANT WAS CHARGED WITH DRIVING UNDER THE INFLUENCE WITH A $500.00 BOND PER THE BOND SCHEDULE. THE DEFENDANT WAS CHARGED WITH POSSESSION OF DRUG PARAPHERNALIA WITH A $500.00 BOND SCHEDULE. THE DEFENDANT WAS ISSUED A FLORIDA DUI UNIFORM TRAFFIC CITATION, NUMBER 7179-XGA-9 WITH A MANDATORY COURT APPEARANCE OF 110112 AT 1300 HOURS AT THE CITRUS COUNTY COURTHOUSE. THE DEFENDANT WAS ALSO ISSUED UNIFORM TRAFFIC CITATION, NUMBER 7877-GQF-7, FOR the SPEED VIOLATION WHICH SHE WAS ORIGINALLY PULLED OVER BY DEPUTY LAHERA, WITH A $131.00 FINE, PAYABLE IN THIRTY DAYS AT THE CITRUS COUNTY COURTHOUSE. THE ON SCENE SOBRIETY TASKS WERE VIDEO TAPED VIA IN VEHICLE CAMERA AND WILL BE TURNED IN TO EVIDENCE. THE MARIJUANA PIPE WILL ALSO BE TURNED IN TO EVIDENCE. |
